- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations make provision in respect of Scotland for certain aspects of a new scheme under Part IIA of the Environmental Protection Act 1990 (“the 1990 Act”) for the remediation of contaminated land.
Regulations 2 and 3, and Schedule 1, identify those sites (known as “special sites”) for which the Scottish Environment Protection Agency (“SEPA”) is to be the authority responsible for enforcing the scheme. Local authorities are responsible for enforcing the scheme in the case of any other type of site.
Regulations 4 and 5, and Schedule 2, provide for the content and service of copies of “remediation notices”, that is, notices served by a local authority or SEPA specifying what is to be done by way of remediation and the time within which action must be taken.
Regulation 6, and Schedule 3, make provision for the compensation which is to be paid in accordance with section 78G(5) of the 1990 Act to a person who grants, or joins in granting, rights of entry etc. required to enable a person to comply with a remediation notice.
Regulations 7 to 13 make provision with respect to appeals against remediation notices, including the grounds of appeal and the procedure to be followed.
Regulation 14, and Schedule 4, prescribe the particulars of matters which are required under section 78R of the 1990 Act to be placed on a register maintained by local authorities or, in the case of special sites, by SEPA.
A regulatory impact assessment of the effect of these Regulations has been prepared and a copy may be obtained from the Environment Protection Unit, The Scottish Executive, 1 J, Victoria Quay, Edinburgh EH6 6QQ.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: